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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

Welcome! How can I help with your legal questio...

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Welcome! How can I help with your legal question? Hi!! Im asking for help,I resign as a technician in my company,for about 11 months working ,3months before they give my visa i pay for 1000aed for two months and they contribute 500 because they tell me they use only 1month for it and they renew new visit visa and i payed it,theres an instant that my company tell me that according to their rules my first month of serving was deposited it means i will not take my first salary,so i said okey.as months goes untill i reach 4 months it happens that we have no salary on febuary ,it was my 4 months in the company for i start on September 2018,so its done their is two months delayed already,when i reach my 10th month in the company i decided to resign the reason the salary is delaying,i cannot sustain the needs of my family its because before my salary will come its already barrowed in advance and all will be paying to the people i barrowed,and i already resign in the company so all in all i have 3 salaries was not given or delayed ,when im about to get my pays to theme the were in hurry me to sign the cancellation even without money,the total of my money is 8000plus aed,and they remove 2000aed for the said visa process,Questions: It is compulsory for us to pay for the visa at it states in the Law Any acts try to do like visa paying of the company is againts the labor Law.Please give me some advice for i already file a complaint to my company

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إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Dear Customer,                                
Thanks for joining and trusting us, much appreciated!

 

We would like to inform you that in the event that your inquiry relates to the resignation of the worker due to delayed salaries, the company has asked the worker to bear the visa cancellation fees. Accordingly, we note that the UAE Labor Law does not stipulate any provision allowing the employer to ask the worker to pay for visa issuance fees or cancellation fees and such fees shall be borne by the employer. According to the UAE Labor Law, if a worker terminates an employment contract illegally, he should pay compensation to the employer of one and a half months' salary. We advise you to negotiate with your employer in order to return to work again so as to avoid paying any compensation, and if the employer delays in paying the monthly salary, you can file a complaint at the Ministry of Human Resources and Emiratisation. If you get a ruling from the Labor Court that you are entitled to a salary of at least two months, you can ask the Ministry of Human Resources and Emiratisation to transfer the sponsorship to another employer without the consent of the current sponsor.
Here is the text of the UAE Labor Law concerning your inquiry:
Article (116)

Where a contract is revoked by the worker for reasons other than those specified in Article (121), he shall be required to compensate the employer for any damage the latter sustains as a result, provided that the amount of compensation shall not exceed half a month wage for three months or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.

 

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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